Can I manufacture food in my home kitchen?
The rules do not allow any type of manufacturing or holding of food for
distribution in any areas used as living or sleeping quarters unless it is
completely partitioned from your home.
What is a food manufacturer?
You are considered a manufacturer if you: (the following are not all-inclusive)
Produce a
food product or a component of a food and either package it for customer
self-serve or sell to another business that will serve to customers or resale
(i.e. grocery stores, restaurants, convenience stores, etc.)
Have another
firm produce your product, but your company's name and address is on the label
(see “What is considered a Private Label Manufacturer?” below).
What is "wholesale"?
The term "Wholesale" means to sell something to another individual,
company, store (i.e. grocery store, convenience stores, restaurants, etc.), for
the purpose of *resale (*serve or sell to customers).
What is "retail"?
Retail means to sell product directly to the final consumer.
What is considered a "Private Label
Manufacturer"?
A Private Label Manufacturer is a person that does NOT directly manufacture
product. Another firm makes the product, and the product is labeled with the private
label manufacturer’s own name and address.
If a Private Label Manufacturer doesn't actually
manufacturer any product, then WHY must I license as a food manufacturer?
By placing your name and address on the label, you are responsible for the
purity and proper labeling of the product. Therefore, you must license as a food
manufacturer.
What type of license do I need if I just want to store
food in a warehouse and distribute to retail outlets?
You will need a food wholesalers, warehouse operator or a food wholesale
registrant license. How to License.
Do I need a license to sell candies, soft drinks, chips,
and etc. through my company-owned vending machines?
No license is needed from this department. Be sure to check with your local
health department for any local requirements.
How do I obtain a food manufacturer or wholesale
distributor license?
License applications can be downloaded from the Foods Group webpage: (http://www.dshs.texas.gov/foods/). Print the application off and
send in with the appropriate fee. Additionally, you may be able to apply and
pay online using DSHS Online
Applications. Applications
without fees will not be processed.
How long will it take before I get my license?
If the information is complete, you can expect your license within 4-6 weeks.
If you do not receive your license in 6 weeks, please call the Foods Business
Filing and Verification Group at (512) 834-6626.
How do I know what fee to pay? I'm just starting my
business and have no idea on the amount of Gross Annual Food Sales (GAV).
Make an educated guess on what you think your approximate GAV will be for the
next year. If you underpay, the inspector will document this in the report and
you will be required to pay the appropriate fee when you renew the license.
I want to start a pet bakery manufacturing pet foods, pet
treats, etc. What license do I need?
We do not regulate the manufacturing of pet food. You will need to contact the
Office of the Texas State Chemists, Texas Feed and Fertilizer Control Service
at (979) 845-1121. You can visit the Office of the
Texas State Chemist website for more information. You can
also visit the Federal Food and Drug Administration (FDA) Pet Foods web page for more
information.
I personally know several people who are making products
in their home, packaging and selling at flea markets, festivals, fair, crafts
shows, etc. How can they do this in their home and without a license?
An individual who manufactures and packages food for sale
is required to be licensed as a food manufacturer. A requirement of being
licensed as a food manufacturer is that no manufacturing can take place in the
home kitchen. Individuals who make products in their home are in violation of
the Texas Food, Drug and Cosmetic Act, Texas Health and Safety Code, Chapter
431 except for individuals operating under the Cottage Food Bill whose range of
operation are restricted to the limited scope of food production processes,
sale, and distribution allowed under the Cottage Food Bill. Information about
operating under the Cottage Food Bill can be accessed by visiting Cottage Food
Production Operations web page.
My garage is completely partitioned from my home. Can I
use this to manufacture food, hold food for distribution, or repackage?
If your garage is in compliance with all relevant rules and statutes concerning
food safety, then you may use your garage. There must be an outside entrance,
and you must not be able to enter the garage through the house.
How do I know if my garage is in compliance with all
relevant rules and statutes of the State of Texas?
The Current Good Manufacturing Practice and Good Warehousing Practice in
Manufacturing, Packing or Holding Human Food code (25
Texas Administrative Code Part 1, Chapter 229, Subchapter N), or GMP’s for
short, will need to be reviewed to determine compliance with facility
requirements. A few requirements are, but not limited to: (1) at least one hand
wash sink with hot (minimum 100oF) and cold running water, (2)
sanitation of food-contact surfaces (generally including at a minimum, an
additional 2 bay sink), including utensils and food-contact surfaces of
equipment, that shall be cleaned as frequently as necessary to protect against
contamination of food*, (3) easily cleanable surfaces that are impervious to
moisture including floors, walls, and ceilings, (4) tightly sealed windows,
doors, and other entries to prevent the entrance of rodents, pest, vermin, etc.
and (5) sufficient lighting and facility suitable in size, construction, and
design to facilitate maintenance and sanitary operations.
*Note: firms that manufacture food and sell directly to
retail consumers are subject to the Texas Food
Establishment Rules. Please
review these Rules as they have more specific requirements concerning ware wash
sinks and equipment.
What if I qualify for both a DSHS Food Manufacturer license
and a DSHS issued Food Establishment permit?
If you are in an area that does not have a local (city or
county) health department and you conduct business operations subject to both
the DSHS Good Manufacturing Practice and Good Warehousing Practice in
Manufacturing, Packing or Holding Human Food and the DSHS Texas Food
Establishment Rules (or GMP’s), the license/permit that results in the higher
fee is the appropriate one to obtain.
(contact Foods Business Filing and Verification at 512-834-6626)
If you conduct business operations subject to both the
DSHS Good Manufacturing Practice and Good Warehousing Practice in
Manufacturing, Packing or Holding Human Food and regulations under a local (city
or county) health department, you will need to obtain both the local
permit/license, and the DSHS Food Manufacturer license.
What if I have a location where I manufacture my food and
I store my manufactured food at another location?
You will need both a Food Manufacturer’s license AND the
appropriate license for the storage location.
See How to
License for guidance on the
appropriate secondary license. There may
be a choice on whether to license the second location under either a Warehouse
Operator OR a Food Wholesaler license.
If I am leasing food storage space from a location that
qualifies as a Food Wholesaler or a Food Manufacturer, what license do I need?
In this case, you must obtain a Food Wholesaler license, even
if it appears your operation qualifies as a Food Wholesaler Registrant.
Can I manufacture or hold food in a portable
building/separate facility at my home residence?
Yes, as long as the building/facility meets the requirements of the Good
Manufacturing Practice and Good Warehousing Practice in Manufacturing, Packing
or Holding Human Food (GMP's) found in Title 25 Texas Administrative Code 229.210-229.222.
Can I use a private well as the source of water for
manufacturing operations?
Yes, but the private well will require special testing according to 25 TAC
229.217 (1)(B)(ii).
What are the requirements for my manufacturing kitchen?
Please review GMP's 229.210-229.222 (GMP’s). A
few requirements are, but not limited to: (1) at least one hand wash sink with
hot (minimum 100oF) and cold running water, (2) sanitation of
food-contact surfaces (generally involving an additional 2 bay sink, minimum,
for ware-washing), including utensils and food-contact surfaces of equipment,
that shall be cleaned as frequently as necessary to protect against
contamination of food*, (3) easily cleanable surfaces that are impervious to
moisture including floors, walls, and ceilings, (4) tightly sealed windows,
doors, and other entries to prevent the entrance of rodents, pest, vermin, etc.
and (5) sufficient lighting and facility suitable in size, construction, and
design to facilitate maintenance and sanitary operations.
*Note: firms that manufacture food and sell directly to
retail consumers are subject to the Texas Food
Establishment Rules. Please
review these Rules as they have more specific requirements concerning ware wash
sinks and equipment.
What kind of labeling do I need on my product?
The four main parts to a label are, (1) the common or usual name of the
product, (2) net quantity of content statement, (3) name and address of
manufacturer (if you are a private label manufacturer, your name and address
will be prefaced by "Distributed by:" or "Manufactured for:"),
and (4) a list of ingredients in descending order of predominance. Please
review the Food Labeling web page for more
information on labeling. The labeling can be more involved if you intend to
make nutrient content or health claims.
Do I have to have a Nutrition Facts panel on my product
label?
Yes, unless you qualify for an exemption.
Please see Small
Business Nutritional Labeling Exemption for more
details.
I want to make a non-refrigerated or shelf stable salsa,
BBQ sauce and/or other canned foods. What must I do?
The production of salsa and canned foods fall under two specific federal
regulations CFR 113 and CFR 114. In order
to determine whether you must comply with these regulations, we recommend you
first contact a Food Process Authority. Dr.
Al Wagner a process authority in Texas - Texas A&M University Extension; 979-845-7023. There is also a list of Food Process
Authorities online that is searchable by state.
See the Association
of Food and Drug Officials searchable list. A Food
Process Authority must determine if you need to have your product evaluated or
not. If the evaluation classifies your
product as an "acidified" or "low-acid canned" food, you
must:
1) complete forms 2541 and 2541a and submit to the Food and Drug
Administration (FDA)
2) attend a Better Process Control School and your
Process Authority may have or know of a course that would qualify
3) follow critical limits for production of product established by Dr. Wagner
or other process authority
4) maintain
and keep production records for at least 2 years
5) assure a coding system for food production to indicate
different lots/batches of foods produced
Do I need a license from the city or county health
department?
It would be a good idea to call your city or county health department to
discuss this issue. The State of Texas has no control over issuing city/county
permits or licenses.
I have some labels that I want to get
"Approved" before making mass quantities of product. Who do I send
them to?
The Foods Group PSQA will be glad to answer any specific questions
with regards to your labels based on our rules and regulations. However, we do
not "approve" labels. You may contact us at (512) 834-6670.
Why do I need a license to bag ice?
Ice is considered a food. The definition of a food
manufacturer is anyone who combines, purifies, processes, or packages food for
sale. Therefore, bagging ice requires you to license as a food manufacturer. A
local or county health department license/permit may be a separate requirement
and does not substitute for a manufacturer's license from the state.
Is a farmer/ produce harvester exempted from licensure?
It depends. A
person, firm or corporation that only harvests, packages, or washes raw fruits
and vegetables for shipment at the location of harvest is not required to
license with DSHS. Operations beyond
those listed or those same operations that occur off of the farm that is under
the control of the farm of harvest may be subject to licensure by DSHS.
Can you provide some examples of fee-exempt and/or
license exempt operations?
Distributors of ready to drink beverages in sealed
containers that do not have the firm’s name on them are exempt but still
subject to inspection. This does not include distributors of drink
concentrates, drink mixes or product identified as a dietary supplement–they must license.
A restaurant acting as a commissary, providing food primarily
intended for immediate consumption on the premises of a retail outlet under
common ownership is exempt from licensing with DSHS.
A restaurant providing food for immediate consumption to
a political subdivision or to a licensed non-profit organization, if the
restaurant would not otherwise be considered a food wholesaler.
A broker that does not own the product or have their name
on the product but simply coordinates a supplier with a customer.
If you find you need more information, please call us
at 512-834-6670